Determining the Value of a Premises Liability Case
If you slipped or tripped and fell on another’s property and suffered serious injuries, you may be facing a lengthy recovery period and costly medical bills. You may be entitled to file a premises liability claim and seek compensation for your injuries.
Many slip-and-fall or trip-and-fall victims wonder if the potential award will be worth the time and effort of a lawsuit. This is why it’s critical that you consult with my law firm.
I am attorney Jeffrey Scott Lasswell, and have 20 years of experience as a Colorado Springs premises liability lawyer. I have handled cases like yours. I can tell you during your free initial consultation if you have a viable case.
It can be difficult determining the value of a premises liability claim. However, as an experienced Colorado premises liability attorney, I can give you an idea of the types of damages you will be eligible for. My estimate will be based on the facts and circumstances of your case.
As your attorney, I will thoroughly review your medical records and determine the extent of your injuries. I can help you gather all the relevant evidence needed to establish liability and the cause of your accident. I can help you obtain a full and fair settlement.
If you were injured in a slip, trip, and fall accident in the greater Colorado Springs area, do not delay. Contact me today. I’ll schedule a free initial consultation and help you explore your legal options.
What Is the Value of My Premises Liability Case?
The amount of compensation you receive for your premises liability case will depend on the specific circumstances of your case. For instance, how severe your injuries were will affect your claim’s value. Whether you were partially at fault for causing the accident will also affect the value.
Damages that are commonly awarded in premises liability cases include:
Economic damages – Following your accident, you will likely encounter many unexpected expenses. Economic damages are intended to reimburse you for these expenses. They are a specific dollar amount since they can be demonstrated by your receipts and paperwork. Economic damages may include:
- Medical expenses – You are entitled to be reimbursed for your doctor’s appointments, prescription drugs, surgery, physical therapy, rehabilitation and any other medical treatments you may need because of your injuries.
- Future medical expenses – You want to be sure that your medical care is complete or that you have received a final prognosis so that your future medical expenses are included in your settlement.
- Lost income – Lost wages include both past and future wages that you will lose while you are recovering from your injuries and unable to work. Lost wages include more than just your paycheck. You may be entitled to compensation for commissions, bonuses or any promotions you lost.
- Lost earning capacity – If you have to change careers because of your accident, or if you become disabled due to your injuries, you may be entitled to compensation for lost earning capacity. When calculating lost wages, you look at the amount of money you did not earn in the short-term. On the other hand, lost earning capacity looks at what you cannot earn in the future. If you are unable to work long-term, the money you would have earned during your career will be the basis of your lost earning capacity.
- Property damage – You may also have property damages because of your accident – for example, a wrecked car or a broken watch. You are entitled to compensation for the value of that damaged property. The market value of your damaged property can be included in the calculation of your total damages.
Non-economic damages – Non-economic damages seek to compensate you for your non-monetary injuries. These damages are a subjective figure. They are not based on your receipts or credit card bills. Non-economic damages may include:
- Pain and suffering – You may be entitled to damages for the pain and suffering you experienced from your accident and injuries. These damages are harder to quantify than damages where you have receipts. However, as an experienced lawyer who has settled many premises liability cases, I can advise you on the value of this portion of your claim. I also know how to best document your pain and suffering.
- Emotional distress – You likely have emotional distress due to your injuries. Emotional distress damages compensate you for the mental and emotional suffering caused by your accident. As your attorney, I can help you understand what emotional distress is and the value it holds as part of your claim.
- Loss of enjoyment of life – Your injury may affect your ability to perform a given activity that gave you enjoyment prior to the accident. These activities may include hobbies, social activities and recreational events.
- Disfigurement – You may seek compensation for an injury that changes your appearance. When a disfigurement is clearly visible – an arm amputation or facial scarring, for instance – your recovery may be greater than it would be if the disfigurement was hidden from view.
- Loss of consortium – Spouses of accident victims may receive damages for the loss of the intangible elements of marriage, such as affection or companionship.
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Colorado Cap on Damages
In 2019, Governor Jared Polis signed Senate Bill 19-109 into law, which increased Colorado’s statutory damages caps. The law increased damages for non-economic loss or injuries, such as wrongful death. The law applies only “to claims for relief that accrue on and after January 1, 2020, and before … January 1, 2022.”
The cap amounts for claims accruing before January 1, 2020, are as follows:
- For non-economic loss or injury: $613,760. This can be increased by the court, upon clear and convincing evidence, to a maximum of $1,227,530.
- For derivative non-economic loss or injury: $613,760.
- For non-economic loss in wrongful death actions: $571,870.
Talk to a Colorado Springs Premises Liability Lawyer Now About Your Case
If you suffered an injury in Colorado Springs on another individual’s premises, it’s very important that you take immediate steps to protect your legal options and your right to seek compensation for your injuries. I can help as a skilled and experienced Colorado Springs premises liability attorney.
Call me today to schedule a free, no-obligation consultation. I will not charge you for my services until I secure a financial award for you.